The ASSAM COLLEGE EMPLOYEES (PROVINCIALISATION) ACT, 2005

THE ASSAM GAZETTE 
\5PTT~'T 
EXTRAORDINARY 
m~~~~~ 
PUBLISHED BY THE AUTHORITY 
Registered No. 768/97 
'1"~ 408 Wr~, ~t!l><ITT", 23 ~~. 2005, 2 ~. 1927 (irtq>) 
No. 408 Dispur, Friday, 23rd December, 2005, 2nd Pausha, 1927 (S.E.) 
\ ? 
GOVERNMENT OF ASSAM 
ORDERS BY THE GOVERNOR 
LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH 
NOTIFICATION 
The 22nd December, 2005 
No.LGL. 112/2005/158 :- The following Act of the Assam Legislative Assembly which 
received the assent of the Governor is hereby published for general information. 
ASSAM ACT NO. XLVI OF 2005 
(Received the assent of the Governor on 19th December, 2005) 
THE ASSAM COLLEGE EMPLOYEES (PROVINCIALISATION) ACT, ,~9~~ •. 
AN 
ACT ---.,. 
to provide for provincialisation of the services of employees of the Non-Government 
Colleges in receipt of deficit grants-in-aid in the State of Assam. 
Preamble. 
Short title, 
extent and 
commencement. 
Whereas it is expedient to provincialise the services of employees 
of the Non-Government Colleges in receipt of deficit grants-in-aid from 
the Government of Assam. 
It is hereby enacted in the Fiftysixth Year of the Republic oflndia 
as follows:-
1.(1) This Act may be called the Assam College Employees 
(Provincialisation) Act, 2005. 
(2) · It extends to the whole of Assam except the Autonomous Council 
areas under the Sixth Schedule to the Constitution of India : 
Provided that the State Government may, in consultation with 
the said Autonomous Co~cils, extend this Act to the Autonomous 
Council areas by notification published i_n the Official Gazette. 
(3) It shall be deemed to have come into force on and from the 
1st day of December, 2005. 
3248 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005. 
Definitions. 2. In this Act, unless the context otherwise requires, -
(a) "College" means any Non-Government College in Assam in receipt of 
deficit grants-in-ai~ from the Government and imparting general 
education in Arts, Commerce or Science stream in Graduate level ; 
(b} "employee" means an employee ofa College both teaching or non-teaching 
appointed substantively against a sanctioned post; 
( c) "existing employee" means an employee of a College both teaching and 
non-teaching appointed substantively against a sanctioned post and who 
is or has been in service on or after the 1st day of January, 2005; 
( d) "Governing Body" means the body constituted by the Government in 
accordance with the provisions of the Assam Non-Government College 
Management Rules, 2001 ; 
( e) "Government" means the Government of Assam; 
(f) "provincialisation" means taking the liabilities for payment of salaries 
including dearness allowance, medical allowance and such other 
allowances as admissible to the government employees of similar 
category and gratuity, pension, leave encashment, etc. as admissible, under 
the existing rules, to the employees of the State Government serving 
under the Government of Assam; · 
(g) "prescribed" means prescribed by rules made under this Act; 
(h) "retired employee" means an employee who has retired on attaining the . 
age of superannuation or otherwise. 
Employees 3. 
to be 
Subject to the provisions of Article 30 and 309 of the Constitution of 
India, all employees of the Colleges, save and except the employees 
who exercise option to continue in the existing terms and conditions of 
service under clause ( d) below, shall be deemed to have become the 
employees of the Government on and from the date on which the Colleges 
have been brought under the deficit system of grants-in-aid, on the 
following terms and conditions, namely :-
provincialised • 
(a) all rules including the rules of conduct and discipline, which are applicable 
to the Government servants of corresponding grade similarly situated 
shall be applicable; 
(b) the existing employees will continue to receive their respective existing 
scales of pay and other allowances etc. as admissible to them under 
relevant rules and orders of the Government; 
(c) the posts in each provincialised College shall constitute an independent 
cadre for each category of employees. No intercadre transfer from one 
college to another including mutual transfer shall be allowed; 
(d) the existing employees who want to continue in the existing terms and 
conditions of service shall give an option in writing to the Director, Higher 
Education, Assam within a period of three months from the date of coming 
into force of this Act: 
t 
~ 
,_j .'-_ _____ T_HE __ A_S_SA_M_G_A_Z_E_T_T_E_, E_X_T_RA_O_RD_IN_A_R_Y_, _D_E_C_E_M_B_E_R_23_;_,_. _2o_o_s. __ 3_2_49 
+ 
Colleges to be 
known as Assam 
Provincialised 
Colleges. 
Government to 
take over the 
services of 
employees. 
Selection and 
appointment of 
employees. 
Rules to be 
followed for 
settlement of 
pension. 
Provided that the option once exercised by an existing 
employee is final and cannot be changed afterwards ; 
( e) any existing employee who does not exercise option under clause( d) 
shall be deemed to have opted for provincialisation under the 
provisions of this Act; 
(f) the employees of the Colleges provincialised after coming into force 
of this Act shall have no right of option under clause ( d); and 
(g) all existing employees who do not exercise option under clause ( d) 
shall have to refund the State Government's share of the 
Contributory Provident Fund with interest within six months from 
the date of corning into force of this Act : 
Provided that if any existing employee who fails to refund 
the State Government's share of Contributory Provident Fund with 
interest within the said stipulated period ~uch employee shall be 
deemed to have been opted to remain under the existing terms and 
conditions of service applicable to them before provincialisation. 
4. After coming into force of this Act the Colleges provincialised 
under this Act shall be known as the Assam Provincialised Colleges 
1;!S distinct from the Government Colleges in Assam. 
5. The services of all the employees, who do not exercise the option 
within the stipulated period under clause (d) of section 3, shall 
vest with the Government with effect from the respective date of 
provincialisation of the Colleges. 
6, Appointments of both teaching and non-teaching posts in the 
Colleges shall be made by the Dire~tor of Higher Education, Assam 
on ·the basis of selection and recommendation of the Governing 
Body of the respective College in accordance with the Rules and 
Procedure of the Government in force. 
7. (1) The existing employees shall be governed by the existing pension 
Rules of the Government for the time being in force: 
Provided that the employees who join on or after the 1st day 
of February, 2005 shall not be covered by the existing pension 
Rules of the Government. They shall be governed by such pension 
Rules or Scheme, as the case may be, as may be framed by the 
Government from time to time. 
(2) The Director of Higher Education, Assam shall process all pension 
cases and send them to the Accountant General, Assam as per laid 
down procedure. 
3250 
Mode of 
pension to 
employees who 
retired/died 
prior to 1st 
January, 2005 • 
THE ASSAM GAZETTE, EXTRA.ORDINARY, DECEMBER 23, 2005. 
8. Employees who retired/died, as the case may be, prior to 1st 
January, 2005 shall be given only superannuation pension or 
the family pension, as may be applicable under the existing pension 
Rules of the Government. They shall not be entitled to any other 
pensionery benefits: 
Provided that the payment of such superannuation or family 
pension, as the case may be, are subject to refund of the 
Government's share of their Contributory Provident Fund within 
six months from the date of coming into force of this Act: 
Provided further that if the Government's share of 
Contributory Provident Fund is not refunded in respect of a retired/ 
deceased employee within the aforesaid stipulated period no 
superannuation pension or family pension shall be admissible in 
respect of such employee. 
Age of 9. The provincialised employees shall go on superannuation on 
superannuation. attaining such age at which a Government servant similarly situated 
superannuates. · 
Suits and 10. No suit, prosecution and other legal proceedings shall lie for 
Proceeding. anything done in good faith under this Act, except with the previous 
sanction of the Government. 
Power of 
interpretation 
and removal of 
difficulties. 
Power of the 
Government to 
make Rules. 
11.( 1) If any difficulty arises as to the interpretation of any provision of 
this Act, the interpretation of the Government shall be final; 
(2) If any difficulty arises in giving effect to the provisions of this Act, 
the Governor may, by order do anything, not inconsistent with the 
provisions of this Act, which appear to him to be necessary for the 
purpose of removing the difficulty. 
12.(1) Except for the purpose of payment of pension which will be 
governed by the Assam Services Pension Rules 1969, the State 
Government may, by notification in the Official Gazette, make 
rules for carrying out the purposes of this Act. 
(2) All rules made by the State Government under this Act shall, as 
soon as may be after they are made, be laid before the State 
Legislature, while it is in session, for a total period of not less than 
fourteen days which may be comprised in otie session or in two or 
more successive sessions, and shall, unless some later date is 
appointed, take effect from the date of their publication in the 
Official Gazette subject to such modifications or annulments as 
the Legislature may, during the said period agree to make, so 
however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done thereunder. 
M.K.DEKA, 
Commissioner and Secretary to the Govt. of Assam, 
Legislative Department, Dispur. 
GUWAHATI- Printed and published by the Dy. Director (P. & S.) Directorate of Ptg. and Sty., Assam, Guwahati-21 
(Ex. Gazette) No. 815-500+600-23 -12-2005. 

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